Refugee Claimants in Canada

Transcription

1 Refugee Claimants in Canada Erin C. Roth, Lawyer EDELMANN & CO. LAW OFFICES 21 February 2018

2 What is a refugee? Convention refugee A person, outside of their country of origin, who seeks protection by reason of a well-founded fear of persecution on the basis of: 1. race, 2. religion, 3. nationality, 4. membership in a particular social group, or 5. political opinion In Canada, this also includes a risk to their life or to a risk of cruel and unusual treatment or punishment

3 Refugee vs Asylum Refugee Claimant a person seeking protection Refugee / Protected Person a person who is found to be a refugee Asylum the protection that is offered to refugees

4 Overseas vs In-Canada Refugee Claims OVERSEAS a person (or family) makes the application for protection to a Canadian Visa Office. Generally, it is required that UNHCR will already have found the person to be a refugee. Re-settled to Canada: 1. Government-sponsored 2. Sponsorship Agreement Holders 3. Group of 5 / local community groups *Permanent Resident at time of arrival in Canada

5 Overseas vs In-Canada Refugee Claims IN CANADA a person (or family) makes the application for protection after arrival in Canada, at: 1. At Port of Entry, with CBSA 2. In-land, at IRCC office on Hornby St., Vancouver 3. If detained before initiating claim, then with CBSA Claim is decided by the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB). IRB is an independent administrative tribunal, although the Minister for IRCC is responsible for this tribunal to Parliament.

6 Overseas vs In-Canada Refugee Claims SAFE THIRD COUNTRY AGREEMENT (STCA) refuse entry at land border crossings to those seeking to make a refugee claim in Canada. This does not apply to airports, or to irregular arrivals who do not cross into Canada at a border crossing. Expectation is that refugee claimants will seek protection at the first available opportunity, so claimant is to seek protection in USA if there first. Exception to this is for unaccompanied minors or those with close family members in Canada

7 Overseas vs In-Canada Refugee Claims OVERSEAS: Pros arrive in Canada as PR with spouse/children, have 1-year support Cons lengthy processing times to get to Canada, wait for re-settlement often in precarious conditions IN CANADA: Pros quick processing, and in Canada during processing Cons lengthy processing times for PR, possible lengthy separation from spouse/children overseas

8 Making a Claim in Canada (1)Port of Entry (POE) IRCC application forms at POE, 15 days to submit Basis of Claim (BOC) form direct to RPD. Claim initiated by CBSA. (2)In Canada (IRCC) attend to IRCC office with all IRCC forms, BOC, and photographs. IRCC will schedule interview, and claim initiated following interview. (3)Detained (CBSA) complete all IRCC application forms and BOC before release. Claim initiated by CBSA. *Due to limitations, CBSA typically releases without form completion. Additionally, detention claims increasingly referred to IRCC for claim initiation.

9 Timing Scheduling a Hearing Law claim to be initiated within 3 days of IRCC application forms being submitted (if eligible claim, referral to RPD), and hearing to be scheduled within 60 days of claim initiation. Reality 6-12 months to be heard *There has been a 95% increase in refugee claims, from September 2016-September RPD in Western Region is funded to initiated 2,000 claims per month. In September 2017, received approx. 8,000 claims

10 Designated Country of Origin (DCO) 1. Minister designates a number. Statistics provide the percentage of claims from a given country that are refused, abandoned, or withdrawn. If the percentage exceeds the Minister s number, the country is designated as a DCO. 2. Minister is of the opinion that a country has an independent judicial system, basic democratic rights and freedoms, and civil society, then can be designated as a DCO.

11 Timing Scheduling a Hearing for a DCO claimant By law claim still to be initiated within 3 days of IRCC application forms being submitted/referral to RPD. However, the hearing is to be within days. In reality due to the same administrative delays, hearings are heard within the same time frame (6-12 months).

12 Can a refugee claimant work? Non-DCO once claim initiated, and have refugee status document, can apply on-line for work permit. DCO must wait 180 days following claim initiation (referral to RPD) in order to apply for work permit. Refugees once found to be a refugee, can apply online with copy of decision and will be issued a work permit.

13 Preparing for a Refugee Hearing 1. Find counsel Legal Services Society (LSS) or private, and complete forms with counsel if at all possible 2. Counselling / support refer to VAST, SOS, etc. for trauma support 3. Document Collection objective evidence, where possible, that proves all aspects of the BOC narrative of events leading to flight from country 4. Disclosure submit evidence, page numbered and with index, to RPD ten days before the hearing 5. Testimony Preparation work with counsel to practice giving testimony to the RPD

14 Basis of Claim (BOC) Form Must set out all factors/considerations that led claimant to Canada, keeping legal test in mind: 1. Identity 2. Nexus (Convention refugee grounds) 3. Subjective Fear delay in departure, failure to claim elsewhere, reavailment, delay making claim 4. Objective Risk 5. State Protection 6. Internal Flight Alternative May be easier to tell story of claim in a narrative, rather than by answering the specific questions.

15 After the Refugee Hearing 75% of refugee claimants will receive an oral decision at the conclusion of their hearing. Otherwise, by mail. If approved apply for PR, including spouse and children (whether spouse and children in Canada, or not). Best to wait 21 days to ensure that the Minister has not appealed the decision. If refused can appeal decision to Refugee Appeal Division (RAD). Limited LSS funding for appeals.

16 The Numbers - Q1/Q Western Region Outcomes: 68% approved after hearing 7% approved without hearing 24% refused after hearing 1% refused with no credible basis Top-5 Source Countries: 1. Turkey (11%) 2. Iraq (8%) 3. Somalia (7%) 4. Djibouti (6%) 5. Afghanistan (6%)

17 Other Options for Refused Claimants Humanitarian & Compassionate (H&C) application 12-month bar to apply from the date of RPD/RAD decision, unless: 1. Affects best interests of the children 2. The refugee claim was based on lack of access to health/medical care. Pre-Removal Risk Assessment (PRRA) application 12-month bar (36-month bar for DCO claimants) to apply for the date of the RPD/RAD decision. *Only based on new evidence, post-dating the RPD/RAD decisions.

18 Refugees - Reavailment Once found to be a refugee, the person must not: 1. Use passport from country of origin (can apply for a Canadian Travel Document) 2. Travel back to country of origin, even for a short visit or family emergency If IRCC or CBSA through sponsorship application, permanent resident card application, etc. learns a refugee has returned to country of origin, can make application to cease refugee status. *If already PR, this can lead to loss of PR and removal from Canada.

19 Questions? If there are questions: 1. Time after all panelists 2. me at Thank you for listening!

20 Bonnie W ong Settlement Orientation Services (SOS)

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22 Our services at SOS Multilingual settlement service program at ISSofBC specifically for Refugee Claimants (RCs) 6 settlement workers : Arabic, Mandarin, Cantonese, Farsi, Dari, French, Kurdish & Spanish 2 Health Promotion and Case management Weekly drop in groups: Refugee Claimant Health and Settlement Orientation on every Saturday 10:00 4:00pm

23 SOS Location Conveniently located at ISSofBC Welcome Centre Other services for RCs under one roof: Vancouver Association for survivors of Torture (VAST Inland Refugee Society (IRS) Vancity WC Medical Clinic Temporary accommodations Career counselling Food bank at the church next door

24 Refugee Claimants to BC Annual Refugee Claimants served by SOS: Year # New RC

25 Trends and Observations Top source countries for new RCs in 2017 include : 1. Afghanistan 2. Iraq 3. Mexico 4. Colombia 5. Iran Top languages: Spanish, Arabic, Farsi Over 90% walk across the Canada-US border

26 Settlement Services during the Refugee Claim Process Divided into 3 phases: 1. Pre-claim assistance 2. Claim process settlement service 3. Post-claim services

27 1. Services Prior to the Refugee Claim Process A. Orientation and guidance about the refugee claim process B. Assistance with filling out government forms and navigating the refugee claim, immigration and work permit processes C. Referral to meet immediate needs

28 A. SOS Group Session Health & Settlement Orientation Orientation group for refugee claimants every Saturday from 10am-4pm Available interpretation, snacks, bus tickets Valuable information about navigating the refugee claim process and the healthcare system. regarding the health and settlement

29 B. Paperwork Assistance with government forms Note: SOS does not assist with filling out the Basis of Claim (BOC) form Refugee claim generic application Refugee claim application Schedule 12

30 C. Referral to Services Legal assistance for the refugee claim process: Legal Aid PROBONO UBC Law Student Legal Advise Program Accommodation needs: Inland Refugee Society/ Kinbrace/Journey Homes BC 211 for available shelters Food & clothing Salvation Army for HomeStart program & clothing bank Food bank registration Medical/dental clinics accepting IFH Assist RCs with disabilities apply for Disability Assistance School board for school enrollment Other community services as needed such as mental health services (VAST), free English classes & recreation centres

31 2. Services during the Refugee Claim Process Once clients have ben issued the Refugee Protection claimant document we make referrals to: Welfare office for Income Assistance application Will receive Hardship Allowance Online applications We provide letters of support to expedite the process PHN (MPS number) is provided by social assistance and clients should not apply for the regular MSP or they will get charged monthly

32 2. Services during the Refugee Claim Process Immigration Medical Exam (IME) The IME is covered for one time only Has expiration date Only designated Doctors can complete the IME Vancity to open a bank account Assistance with opening first bank account PR loan application program Ready Tours To familiarize clients with the IRB hearing process See where the hearing takes place Information and orientation session provided by IRB member through Kimbrace

33 2. Services during the Refugee Claim Process Work Permit Assistance with application Online vs mailing applications Expiry date Service Canada for SIN after Work Permit issued SIN will be a temporary one starting with the number 9 Other services include: ISSofBC career counselling services PharmaCare Program, if eligible Bus Pass Program, if eligible

34 3. Post Claim Services: Positive IRB Decision SOS assists clients with a positive decision with: PR applications (Generic form, Schedule A, Schedule 14 & Additional Family Information) Vancity loans for PR fees Travel document application BC Housing application Canada Child Benefit (CCB) application Free training programs for career or language Once the client becomes PR, SOS will refer the client to other settlement agencies for further services

35 3. Post Claim Services: Negative IRB Decision Refer the client to apply for legal aid for the appeal If denied for legal aid, other legal services include: PROBONO UBC Law Student Legal Advise Program Clients are still eligible to receive Social Assistance during the appeal process

36 Settlement Orientation Services 2610 Victoria Drive, Vancouver, BC V5N 4L2 T: F:

37 Fran Gallo READY Tours Coordinator

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39 Mariana Martinez Vieyra VAST

40 Getting Through It A Trauma Informed Psychosocial Support Group for Refugee Claimants

41 Getting Through It A Trauma Informed Psychosocial Support Group for RCs For ALL Refugee Claimants (RCS) Open VAST office Welcome Centre No Need to Register Multilingual Language corners

42 Getting Through It A Trauma Informed Psychosocial Support Group for Refugee Claimants What to expect? Information about the Claim process Tips to prepare for Hearing Coping Skills for Self Regulation A Space to Share in Community Referrals

43 ELEMENTS OF GROUPS Information sharing Referral and Advocacy Psycho education Ongoing assessment Skills building Community Building Testimonial Guest speaker

44 How to refer to VAST Getting Through It Fax referral form F Encourage RCs to just show up! Wednesdays 10am 12 noon If unsure about group readiness, contact Coming up: Visit vast vancouver.ca

45 Clients say "At first I couldn t speak. Now I m coming back to share my strength with others" "Hearing from people who ve been through it, people in my shoes, gave me courage and hope We are so different, but also we are similar, we are together Look right, look left, there could be your friend

46 MOSAIC s I Belong Group for LGBTQ+ Refugees

47 MOSAIC s I Belong Group for LGBTQ+ Refugees I Belong Peer Support Group 2 nd Monday 5.30 pm I Belong Counselling Group Last Monday 6.30 pm

48 MOSAIC s I Belong Group for LGBTQ+ Refugees Open to ALL LGBTQ+ Refugees & Immigrants Trauma informed Inclusive Multilingual Interpreters available Bus Tickets Provided

49 MOSAIC s I Belong Group for LGBTQ+ Refugees What to expect? Community Building Empowerment Trauma Healing through Arts and Movement Access to community resources fro LGBTQ+ Newcomers Advocacy

50 How to refer to MOSAIC s I Belong Encourage clients to just show up on 2nd and last Monday of the month To register ibelong@mosaicbc.org or call Groups take place at MOSAIC Vancouver Office 5575 Boundary Road

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52 Clients say I am very grateful that I am here, feel safe, feel accepted I Belong really helped me to go through what I went through I feel my life is so much richer by hearing all stories; I Belong is a very sincere group

53 Re Building Community in Canada: Trauma Informed Groups for Refugee Claimants (RCs) Looking forward to your questions Thanks! vancouver.ca